Terms of Use
- NOUFAL CAPITAL ADVISORS (OPC) PRIVATE LIMITED, a private limited company incorporated under the Companies Act 2013, having corporate identification number U67110KL2021OPC072045 and having its registered office at Building No.223, Mavelipuram Seaport-Airport Road, Kakkanad, Kochi Ernakulam KL 682030 (hereinafter referred to as “the Company”) owns and operates this website noufalcapital.com (hereinafter referred to as “website“). Subject to the presents here, the Company may allow you (defined below) to use the website on “as-is-basis”.
- For the purpose of these Terms of Use, wherever the context so requires “You”, “Your” or “User” shall mean any natural or legal person who has agreed to become a User on the website by merely opening, accessing or using the website. The term “We”, “Us”, “Our” shall mean and refer to Company its employees, and authorised agents that perform any services on the Company’s behalf.
- Your use of the website are governed by these terms and conditions (“Terms of Use“). By mere use of this website in any form, You shall be contracting with Us and these terms and conditions including the policies constitute Your binding obligations, with Us.
- We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the website following the posting of changes will mean that You accept and agree to the revisions of the Terms of Use. As long as You comply with these Terms of Use, We may grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use our website. Your use of the website will be subject to the most recent version of the Terms available on our website. We recommend that you read through the Terms available on the website regularly so that you can be sure that you are aware of any changes that may apply to you.
- By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Company Policies (including but not limited to Privacy Policy) as amended from time to time and the Applicable Laws. The term “Applicable Law” shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any authority having jurisdiction over the matter in question, whether in effect as of the date of these Terms of Use or thereafter.
USER ELIGIBILITY
- Usage of the website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the website. If You are a minor i.e. under the age of 18 years, You may use the website or access it only under the supervision and prior consent/ permission of a parent or legal guardian.
- We reserve the right to terminate Your access/account and / or refuse to provide You with access to the website if it is brought to Our notice or if it is discovered that You are under the age of 18 years and transacting on the website in violation of the terms herein.
COMMUNICATIONS
By using or accessing the website, You agree that the Company may send You informational text (SMS)/ WhatsApp messages / email(s) or connect You through voice call as part of the normal business operation if you have given us your mobile number or email id by any means. You may opt- out of receiving text (SMS)/ WhatsApp messages / email(s) or from receiving voice calls from Company at any time by unsubscribing from the service by writing to us at office@noufalcapital.com or our registered address indicating that You no longer wish to receive any messages or voice calls, along with the phone number of the mobile device receiving the messages or calls. You acknowledge that opting out of receiving any messages or voice calls may impact Your use of the website. The User hereby unconditionally consents that such communications via SMS, WhatsApp messages, voice call, email or any other mode by the Company are:
- upon the request and authorization of the User;
- ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (“TRAI”), and
- in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
The User will indemnify the Company against all types of losses and damages incurred by the Company due to any action taken by TRAI, access providers (as per TRAI regulations) or any other authority due to any erroneous complaint raised by the User on the Company with respect to the communications mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.
ACCESS TO WEBSITE
- We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, Your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit but cannot guarantee the frequency and duration of any such suspension or restriction.
- When You use the website or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Company periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise. Medium of communication: The medium of communication from Company shall be in English.
- The User will be solely responsible to comply with all statutory requirements (State and Central Laws/Statutes) applicable in relation to his/her eligibility to seek services in pursuance of this Terms of Use.
DISCLAIMER
- The website is provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. We do not warrant that:
- The website or our services connected to the website will be uninterrupted, timely, secure or error-free; or
- The information on this website is complete, true, accurate or non-misleading; or
- The quality of any services, information, or other material obtained by You through the website will meet Your expectations, or that any errors in the website will be corrected.
- You acknowledge and undertake that You are accessing the website at Your own risk and are using Your best and prudent judgment before entering into any transactions/services based on any information available the website and we hereby expressly disclaim and any all responsibility and liability in that regard.
- We do not make any representation or warranty as to specifics (such as quality, value, saleability, etc) of the information provided through the website or otherwise. We accept no liability for any errors or omissions, whether on behalf of ourselves or third parties.
- Any action you choose to take based on the information provided on the website is totally your own responsibility. We will not be liable for any, direct or indirect, consequential or incidental damages or loss arising out of the use of this information. This information is neither an offer to sell nor solicitation to buy any of the services or advice mentioned herein or otherwise. You must seek independent professional advice before making any such decision.
- We reserve the right, but do not have the obligation, to monitor the website and Your use thereto for violations of terms of this Terms of Use or any policies and manage the website in a manner designed to protect our rights and property and to facilitate the proper functioning of the website and/or Services offered therein.
INDEMNITY
- You agree to defend, indemnify and hold Us, Our subsidiaries, and affiliates, and their respective directors, officers, employees, service providers, representatives and agents (collectively, the “Indemnitees“) harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any party due to or arising out of Your use of the website and/or Services, including, without limitation Your use in violation of this Terms of Use, privacy Policy and other Policies or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
- Notwithstanding the foregoing, We reserve the right, at Your expense, to assume the exclusive defence and control of any matter/dispute for which You are required to indemnify an Indemnitee, and You agree to cooperate, at Your expense, with Our defence of such claims/disputes. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification provision upon becoming aware of it.
LIMITATION OF LIABILITY / NO LIABILTY
- To the maximum extent permitted by Applicable Law, the Company shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from Your access to or use of the website or in connection with these Terms of Use and/or Services provided by us.
- We shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any action taken by Us.
- We assume no liability or responsibility for any unauthorized access to or use of Our secure servers and/or any and all personal information and/or(if applicable any) financial information stored therein.
- We shall not be liable for any interruption or cessation of transmission to or from Our platforms and any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website.
USER REPRESENTATIONS/LICENSE/UNAUTHORISED USE
- You agree, undertake and confirm that Your use of the website shall be strictly governed under the Applicable laws, and You shall not use any information which:
- belongs to another person and to which You do not have any right to;
- violates any Applicable Law for the time being in force in India;
- impersonate another person;
- otherwise act in a manner that adversely affects other Users ability to use the website.
- License: Subject to Your compliance with these Terms, We grant You a limited, non-exclusive, non- sublicensable, revocable, non-transferable license to: (i) access and use the website; and (ii) access and use any content, information and related materials that may be made available through the website, in each case solely for Your personal use. Any rights not expressly granted herein are reserved by the Company.
- Contents posted on the website: Except as expressly provided in these Terms of Use, no part of the website and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, platform or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent.
- Unauthorised / illegal usage: It is possible that other Users (including unauthorized users or hackers) may post or transmit offensive or obscene materials on the website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Platform, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the website, You acknowledge and agree that We are not responsible for the use of any personal information that You share on the website automatically while using it. You must have adequate protections in order to keep secure and prevent any spurious or malicious usage or access of the website on your computer.
COMPANY POLICIES
- Privacy Policy: Please review our Privacy Policy on the website which also governs Your visit to the website, to understand our practices. The personal information / data provided to Company by You during the course of usage of the website will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If You object to Your information being transferred or used, please do not use the website.
- Intellectual property: The website is controlled and operated by Us and all material herein including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Content or information available on the website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such content or information in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the company, modification of the content or information, use of the content or information on any other platform or networked computer environment or use of the content or information for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
TERM AND TERMINATION
This Terms of Use shall remain in full force and effect while You use website. You may terminate Your use at any time, for any reason, by ceasing to use the website. Your access to the website may be terminated or suspended by the company anytime without showing any reason and without prior notice.
CONTACT INFORMATION
Submissions and Feedback: You acknowledge and agree that all questions, comments, suggestions, ideas, feedback or other information regarding the website provided by You to or via the website are non-confidential and We (as well as any of our designee) shall be entitled to an unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
MISCELLANEOUS
- Severability: If any part of this Terms of Use is declared void, voidable, illegal, invalid or unenforceable under the Applicable Laws, such part shall be severed, and the remainder of the Terms of Use will continue be valid and enforceable.
- Applicable Law: Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Kochi. User undertakes to / shall comply with all the Applicable Laws applicable to them respectively.
- Dispute Resolution: In the event of any dispute, controversy or claim arising out of or relating in any way to this Terms of Use, including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of this Terms of Use, then You shall notify Us in writing about the said dispute, controversy, or claim, and within thirty (30) days of commencement of such dispute, We shall facilitate a meeting with you at our office in attempt to resolve the dispute in good faith.
- Arbitration: Should the dispute not be resolved with yourself and Us, You shall seek remedies exclusively through arbitration which shall be conducted in accordance with the Arbitration and Conciliation Act 1996 at Kochi through a single arbitrator mutually appointed between you and us. You specifically waive Your right to approach any court with jurisdiction for interim or injunctive reliefs, unless with respect to a proceeding to enforce this arbitration agreement.
- No Relationship: Nothing in this Terms of Use (or any of the arrangements contemplated herein) shall be deemed or construed by the parties hereto nor by any third party as creating the relationship of employer and employee, principal and agent or a partnership between the parties for any purpose or entitle to commit or bind each other in any manner.
- Electronic record: This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the website.
- These Terms do not create or infer any rights that are enforceable by any person who is not a party to them. Any rights not expressly granted herein are reserved.
